Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 9557

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BABU T.P – Appellant
Versus
1 BANK OF BARODA, 2 STATE OF KERALA, 3 THE SUB INSPECTOR OF POLICE – Respondent
CRL.MC NO. 519 OF 2026 | CRIME NO.304/2007

Advocates:
For the Appellants/Petitioners: SRI.SHAHIM BIN AZIZ, SHRI.MOHAMMED SHAFI.K, SHRI.RAFEEK. V.K, SMT.O.A.NURIYA, SMT.NISHNA P.T, SMT.LYDIA ELIZABETH KOVOOR, SMT.ANNLIYA FLEMIN, SMT.MUFEEDHA P., SHRI.ABDUL RAHOOF P.M.
For the Respondents: SHRI.BEPIN VIJAYAN, SMT.KAVITHA.S, SMT.VYSHNA K., SRI.C.S.HRITHWIK, SR.PP

A petitioner can withdraw a Criminal Miscellaneous Case while retaining the right to raise contentions before the Trial Court.

Headnote:The petitioner sought to withdraw a Criminal Miscellaneous Case, maintaining his right to raise contentions before the Trial Court. The court allowed the withdrawal while preserving the petitioner's rights relating to application for discharge if no charge was framed. The ruling emphasized the dismissive status of the case at this stage.

ORDER

Dated this the 12^th day of February, 2026 The learned counsel appearing for the petitioner, after arguing for sometime, seeks liberty to withdraw this Criminal Miscellaneous Case, without prejudice to the right of the petitioner to raise all his contentions before the Trial Court, including filing an application for discharge, provided charge has not been framed till date.

Recording the above submission, and by reserving the right of the petitioner to raise all his contentions before the Trial Court, including filing an application for discharge, provided charge has not been framed, this Crl.M.C is dismissed as withdrawn.

Sd/-

Click Here to Read the rest of this document

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

2026 Supreme(Online)(Ker) 9557

IN THE HIGH COURT OF KERALA AT ERNAKULAMC.S.DIAS, JBABU T.P – AppellantVersus1 BANK OF BARODA, 2 STATE OF KERALA, 3 THE SUB INSPECTOR OF POLICE – RespondentCRL.MC NO. 519 OF 2026 | CRIME NO.304/2007

A petitioner can withdraw a Criminal Miscellaneous Case while retaining the right to raise contentions before the Trial Court.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BABU T.P – Appellant
Versus
1 BANK OF BARODA, 2 STATE OF KERALA, 3 THE SUB INSPECTOR OF POLICE – Respondent
CRL.MC NO. 519 OF 2026 | CRIME NO.304/2007